City of Lakewood v. Plain Dealer Publishing Co.

Today the majority takes an extraordinary doctrine, developed cautiously by this Court over the past 50 years, and applies it to a circumstance, and in a manner, that is without precedent. Because of this unwarranted expansion of our previous cases, I dissent.

I

At the outset, it is important to set forth the general nature of the dispute.

*773The Court quite properly does not establish any constitutional right of newspaper publishers to place newsracks on municipal property. The Court expressly declines to “pass” on the question of the constitutionality of an outright municipal ban on newsracks.…